LEBANON  An 18-year-old Dayton-area man was not legally drunk when he lost control of his car on Springboro Road, killing a teen-age girl and injuring three others in June.

However, Jacob Warner, of Moraine, was under the influence of alcohol, prosecutors alleged in an indictment released Monday.

A Warren County grand jury charged Mr. Warner with a felony count each of aggravated vehicular homicide, involuntary manslaughter, and aggravated vehicular assault in the June 23 crash that left Sarah Reedy, 15, dead.

Witnesses told police that Mr. Warner's 1979 Cadillac seemed to be traveling at a high speed in a straight-away on Lytle Five Points Road near Yankee Road when it spun out of control, hit a guardrail and flipped.

Two passengers, including Miss Reedy, were ejected from the car. The teens apparently were on their way home from a day of swimming at Caesar Creek State Park, police said.

Open flasks of an assortment of alcoholic beverages were found in Mr. Warner's car, according to authorities, who said his blood-alcohol content was 0.07 after the crash, three-tenths of a point below the legal limit.

Mr. Warner and two others, Molly Mosley, 17, and Kelly Berry, 20, were released from Dayton hospitals within a day of the crash. A fourth passenger, John Terell, 18, was seriously injured.